Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15999 of 2021 Applicant :- Assat Ali Siddiqui Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Kumar,Vimal Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Applicants- Assat Ali Siddiqui seeks anticipatory bail in Case Crime No. 80 of 2021, under Sections 409, 420, 120B IPC, Police Station- Swaroop Nagar, District- Kanpur Nagar.
As per the allegation made in the FIR, it is alleged that a complaint dated 11.2.2020 was made by one Bashir Bachan Singh, Chairman Nagar Nigam regarding large scale bungling in payment of diesel bills by Kanpur Development Authority. Consequent to the said complaint, a committee was constituted by the then Divisional Commissioner, Kanpur Division, Kanpur to inquire into the said allegations. After making the requisite enquiry, a report dated 1.2.2021 was submitted that for the period between December, 2017 to December, 2019, additional payments to the tune of Rs. 215.57 lakhs in respect of supply of diesel has been made to the respective firm by the Kanpur Development Authority. On the basis of the said enquiry, the instant FIR has been lodged.
Learned counsel for the applicant has submitted that applicant at the relevant time was posted as Junior Engineer and he has no role to play in the said alleged bungling, as such, he be released on anticipatory bail.
Per contra, learned AGA has vehemently opposed the prayer for anticipatory bail and has submitted that large scale bungling to the tune of Rs. 215.57 lakhs in payment of diesel bills has been made, in which, the applicant has an active role. The instant FIR has been lodged on the basis of enquiry reports dated 1.2.2021 and 7.7.2021, wherein explanation tendered by the employees has not been found satisfactory and applicant's complicity in the said incident is writ large, which requires thorough investigation.
In view of the aforesaid facts and looking to the nature, gravity and seriousness of the accusations and complicity of the applicant and societal impact, I do not find it is a fit case for grant of anticipatory bail, the anticipatory bail application is hereby rejected, however applicant if may apply for regular bail before the concerned court, the same shall be decided in accordance with law on its own merit without being influenced by this order.
Order Date :- 6.10.2021 KU